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National Security Issues

Overview

Wiley Rein has been called upon to represent companies and groups in litigation and counseling regarding sensitive and difficult national security obligations and issues. As the government looks to stay one step ahead of terrorists, private industry is confronted with novel questions and demands and faces a perilous legal climate which includes multiple class action lawsuits alleging violations of rights.

Wiley Rein counsels clients on their Committee on Foreign Investment in the United States (CFIUS) obligations, the Wiretap Act, the Foreign Intelligence Surveillance Act (FISA), the SAFETY Act, and other national security issues that relate to government contracting, intellectual property, and the like. Wiley Rein attorneys have top security clearances and stand ready to assist in any project touching on national security.

Wiley Rein has participated in the litigation and debate over national security, executive power, state secrets, and related issues by representing amici before the courts of appeals and in the Supreme Court of the United States.

Courts of Appeals

Wiley has filed several briefs in the courts of appeals concerning state secrets and other issues central to national security litigation.

Wiley Rein represented the Foundation for Defense of Democracies (FDD) as amicus in the Ninth Circuit in a case challenging a government contractor's alleged participation in the Central Intelligence Agency's (CIA) program of extraordinary rendition. Wiley Rein filed an amicus brief arguing that the case should be dismissed under the state secrets doctrine. Mohamed v. Jeppesen Dataplan (9th Cir.).

Wiley Rein represented the U.S. Telecom Association (USTA) in litigation in the Ninth Circuit challenging the National Security Agency's (NSA) Terrorist Surveillance Program and the alleged cooperation of telecommunications carriers in that program. Wiley Rein filed a brief arguing that the case should be dismissed under the state secrets doctrine. Hepting v. AT&T Inc. (9th Cir.).

Wiley Rein represented the Foundation for the Defense of Democracies as an amicus in support of the government in the Sixth Circuit in litigation arising out of the American Civil Liberties Union's (ACLU) challenge to the NSA's Terrorist Surveillance Program. ACLU v. NSA (6th Cir.).

Wiley Rein represented Keeler Tate Management, Inc. in litigation in the Eastern District of Virginia challenging the alleged participation of government contractors in the CIA's program of extraordinary rendition. El-Masri v. Tenet (E.D. Va.).

Supreme Court Practice

Wiley Rein represented six former attorneys general in a major national security case, successfully arguing that plaintiffs lacked Article III standing to challenge the constitutionality of national security legislation. Clapper v. Amnesty International.

Wiley Rein represented the Washington Legal Foundation (WLF) as an amicus in support of the U.S. Navy in a challenge to the Navy's use of mid-frequency active sonar in anti-submarine warfare training off the Pacific Coast. Winter v. Natural Resources Defense Council.

Wiley Rein represented the Foundation for the Defense of Democracies as an amicus in support of the government in Boumediene v. Bush, a challenge to the Military Commissions Act. Boumediene v. Bush.

Wiley Rein represented a distinguished group of former government officials (including three former attorneys general) and retired military officers as amici in support of the government in a challenge to the government's use of military commission to try and punish captured Al Qaeda combatants. Hamdan v. Rumsfeld.

Wiley Rein represented law professors and law students as amici in support of petitioner in the Supreme Court challenge to the Solomon Amendment. Rumsfeld v. Forum for Academic and Institutional Rights, Inc.